Arkansas 2025 Regular Session

Arkansas Senate Bill SB486 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 955 of the Regular Session
3		-	Act 955 of the Regular Session
4		-	LGL049 03-31-2025 16:36:03 LGL049
5		-
6		-	State of Arkansas As Engrossed: S3/31/25 1
	2	+	LGL049 03/17/2025 4:22:27 PM LGL049
	3	+	State of Arkansas 1
7	4		95th General Assembly A Bill 2
8	5		Regular Session, 2025 SENATE BILL 486 3
9	6		4
10	7		By: Senator B. Johnson 5
11	8		By: Representative Bentley 6
12	9		7
13	10		For An Act To Be Entitled 8
14	11		AN ACT CONCERNING SAFETY AND PRIVACY IN CERTAIN 9
15	12		ENTITIES; CONCERNING THE DESIGNATION OF MULTI -10
16	13		OCCUPANCY RESTROOMS, CHANGING ROOMS, AND SLEEPING 11
17	14		QUARTERS IN CERTAIN ENTITIES BASED ON AN INDIVIDUAL'S 12
18	15		SEX; AND FOR OTHER PURPOSES. 13
19	16		14
20	17		15
21	18		Subtitle 16
22	19		CONCERNING SAFETY AND PRIVACY IN CERTAIN 17
23	20		ENTITIES; AND CONCERNING THE DESIGNATION 18
24	21		OF MULTI-OCCUPANCY RESTROOMS, CHANGING 19
25	22		ROOMS, AND SLEEPING QUARTERS IN CERTAIN 20
26	23		ENTITIES BASED ON AN INDIVIDUAL'S SEX. 21
27	24		22
28	25		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
29	26		24
30	27		SECTION 1. DO NOT CODIFY. Legislative intent. 25
31	28		It is the intent of the General Assembly to: 26
32		-	(1) Clarify and reconcile the meaning of "sex", "male", and 27
33		-	~~"female"~~ in state law; and 28
	29	+	(1) Clarify and reconcile the meaning of sex, male, and female 27
	30	+	in state law; and 28
34	31		(2) Preserve order and dignity in women's restrooms, changing 29
35	32		rooms, and sleeping quarters in facilities where women have traditionally 30
36	33		been afforded privacy and safety. 31
37	34		32
38	35		SECTION 2. Arkansas Code Title 9, Chapter 6, is amended to add an 33
39	36		additional section to read as follows: 34
40	37		9-6-113. Safety and Privacy in Shelters — Designation of certain rooms 35
41		-	based on sex — Definitions. 36 ~~As Engrossed: S3/31/25~~ SB486
	38	+	based on sex — Definitions. 36 SB486
42	39
43		-	2 03-31-2025 16:36:03 LGL049
44		-
45		-
	40	+	2 03/17/2025 4:22:27 PM LGL049
46	41		(a) As used in this section: 1
47	42		(1) "Changing room" means the same as defined under § 22 -3-2201; 2
48	43		(2) "Female" means the same as defined under § 22 -3-2201; 3
49	44		(3) "Male" means the same as defined under § 22 -3-2201; 4
50	45		(4) "Multi-occupancy" means the same as defined under § 22 -3-5
51	46		2201; 6
52	47		(5) "Restroom" means the same as defined under § 22 -3-2201; 7
53	48		(6) "Sex" means the same as defined under § 22 -3-2201; and 8
54	49		(7) "Sleeping quarter" means the same as defined under § 22 -3-9
55	50		2201. 10
56	51		(b) A shelter shall designate each multi -occupancy restroom, changing 11
57	52		room, and sleeping quarter for the exclusive use of females or males. 12
58	53		(c)(1) Every restroom, changing room, or sleeping quarter in a shelter 13
59	54		that is designated for the exclusive use of females or males shall only be 14
60	55		used by a member of the designated sex. 15
61	56		(2) A person shall not enter a restroom or changing room that is 16
62	57		designated for the exclusive use of females or males unless he or she is a 17
63	58		member of the designated sex. 18
64	59		(3) A shelter shall not require a person to share a sleeping 19
65	60		quarter with a member of the opposite sex. 20
66	61		(d) A shelter shall take reasonable steps to provide an individual 21
67	62		with privacy in a designated restroom, changing room, and sleeping quarter 22
68	63		from use by a member of the opposite sex. 23
69	64		(e) This section shall not apply to a person who enters a restroom, 24
70	65		changing room, or sleeping quarter designated for the opposite sex to: 25
71	66		(1) Perform custodial services or maintenance; 26
72	67		(2) Render medical assistance; 27
73	68		(3) Perform duties arising under the course and scope of 28
74	69		employment as a law enforcement officer, employee, or contractor; 29
75	70		(4) Seek protection in a designated shelter area during a threat 30
76	71		of an emergency or a natural disaster; or 31
77	72		(5) Provide aid during a threat of a natural disaster or a 32
78	73		serious threat to good order or safety. 33
79	74		(f) This section shall not be construed to prohibit a shelter from: 34
80	75		(1) Adopting policies necessary to accommodate: 35
81		-	(A) Persons protected under the Americans with 36 ~~As Engrossed: S3/31/25~~ SB486
	76	+	(A) Persons protected under the Americans with 36 SB486
82	77
83		-	3 03-31-2025 16:36:03 LGL049
84		-
85		-
	78	+	3 03/17/2025 4:22:27 PM LGL049
86	79		Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as it existed on January 1
87	80		1, 2025; 2
88	81		(B) Young children in need of assistance; or 3
89	82		(C) Elderly persons requiring aid; 4
90	83		(2) Establishing a single -occupancy restroom, changing room, or 5
91	84		sleeping quarter, or a family restroom, changing room, or sleeping quarter; 6
92	85		or 7
93	86		(3) Redesignating a multi -occupancy restroom, changing room, or 8
94	87		sleeping quarter designated for exclusive use by one (1) sex to a designation 9
95	88		for exclusive use by the opposite sex. 10
96	89		(g) A person in a restroom or changing room designated for use by his 11
97	90		or her sex who encounters a person of the opposite sex has a private cause of 12
98	91		action for damages and declaratory and injunctive relief against the shelter 13
99	92		in which the restroom or changing room is located if the shelter: 14
100	93		(1) Provided the person of the opposite sex permission to use a 15
101	94		restroom or changing room of the opposite sex; or 16
102	95		(2) Failed to take reasonable steps to prohibit the person of 17
103	96		the opposite sex from using the restroom or changing room of the opposite 18
104	97		sex. 19
105	98		(h) A person required by the shelter to share a sleeping quarter 20
106	99		designated for use by his or her sex with a person of the opposite sex has a 21
107	100		private cause of action for damages and declaratory and injunctive relief 22
108	101		against the shelter. 23
109	102		(i)(1) A civil action brought pursuant to subsection (g) or subsection 24
110		-	(h) of this section shall be commenced within two (2) years of the date ~~the~~ 25
111		-	cause of action ~~arises~~. 26
112		-	(2) A person who prevails in an action brought under subsection ~~(g) or~~ 27
113		-	subsection (h) of this section may recover reasonable attorney fees ~~and costs~~ 28
114		-	from the offending shelter. 29
	103	+	(h) of this section shall be commenced within two (2) years of the date of 25
	104	+	the cause of action. 26
	105	+	(2) A person who prevails in an action brought under subsection 27
	106	+	(g) or subsection (h) of this section may recover reasonable attorney fees 28
	107	+	and costs from the offending shelter. 29
115	108		30
116	109		SECTION 3. Arkansas Code Title 12, Chapter 28, Subchapter 1, is 31
117	110		amended to add an additional section to read as follows: 32
118	111		12-28-110. Safety and Privacy in State Correctional Facilities — 33
119	112		Designation of certain rooms based on sex — Definitions. 34
120	113		(a) As used in this section: 35
121		-	(1) "Changing room" means the same as defined under § 22 -3-2201; 36 ~~As Engrossed: S3/31/25~~ SB486
	114	+	(1) "Changing room" means the same as defined under § 22 -3-2201; 36 SB486
122	115
123		-	4 03-31-2025 16:36:03 LGL049
124		-
125		-
	116	+	4 03/17/2025 4:22:27 PM LGL049
126	117		(2)(A) "Correctional facility" means a state correctional 1
127	118		facility that has the power to detain or restrain a person under the laws of 2
128	119		the state, including without limitation facilities operated by the Division 3
129	120		of Correction or the Division of Community Correction. 4
130	121		(B) "Correctional facility" does not include a temporary 5
131	122		municipal holding facility; 6
132	123		(3) "Facility" means a correctional facility or a juvenile 7
133	124		detention facility; 8
134	125		(4) "Female" means the same as defined under § 22 -3-2201; 9
135	126		(5) "Juvenile detention facility" means any facility for the 10
136	127		temporary care of juveniles alleged to be delinquent or adjudicated 11
137	128		delinquent and awaiting disposition who require secure custody in a 12
138	129		physically restraining facility designed and operated with all entrances and 13
139	130		exits under the exclusive control of the facility's staff so that the 14
140	131		juvenile may not leave the facility unsupervised or without permission under 15
141	132		§ 12-41-803; 16
142	133		(6) "Male" means the same as defined under § 22 -3-2201; 17
143	134		(7) "Multi-occupancy" means the same as defined under § 22-3-18
144	135		2201; 19
145	136		(8) "Restroom" means the same as defined under § 22 -3-2201; 20
146	137		(9) "Sex" means the same as defined under § 22 -3-2201; and 21
147	138		(10) "Sleeping quarter" means the same as defined under § 22 -3-22
148	139		2201. 23
149	140		(b) A facility shall designate each multi -occupancy restroom, changing 24
150	141		room, and sleeping quarter for the exclusive use of females or males. 25
151	142		(c)(1) Every restroom, changing room, or sleeping quarter in a 26
152	143		facility that is designated for the exclusive use of females or males shall 27
153	144		only be used by a member of the designated sex. 28
154	145		(2) A person shall not enter a restroom or changing room that is 29
155	146		designated for the exclusive use of females or males unless he or she is a 30
156	147		member of the designated sex. 31
157	148		(3) A facility shall not require a person to share a sleeping 32
158	149		quarter with a member of the opposite sex. 33
159	150		(d) A facility shall take reasonable steps to provide an individual 34
160	151		with privacy in a designated restroom, changing room, and sleeping quarter 35
161		-	from use by a member of the opposite sex. 36 ~~As Engrossed: S3/31/25~~ SB486
	152	+	from use by a member of the opposite sex. 36 SB486
162	153
163		-	5 03-31-2025 16:36:03 LGL049
164		-
165		-
	154	+	5 03/17/2025 4:22:27 PM LGL049
166	155		(e) This section shall not apply to a person who enters a restroom, 1
167	156		changing room, or sleeping quarter designated for the opposite sex to: 2
168	157		(1) Perform custodial services or maintenance; 3
169	158		(2) Render medical assistance; 4
170	159		(3) Perform duties arising under the course and scope of 5
171	160		employment as a law enforcement officer, employee, or contractor; 6
172	161		(4) Seek protection in a designated shelter area during a threat 7
173	162		of an emergency or a natural disaster; 8
174	163		(5) Provide aid during a threat of a natural disaster or a 9
175	164		serious threat to good order or safety; or 10
176	165		(6) Address, supervise, or treat athletes that the individual is 11
177	166		overseeing as a coach or an athletics personnel member during a reasonable 12
178	167		time before an athletic event, during an athletic event, or immediately 13
179	168		following an athletic event if: 14
180	169		(A) The coach or the athletics personnel member verifies 15
181	170		that no person is in a state of undress at any time while the coach or the 16
182	171		athletics personnel member is present; and 17
183	172		(B) An adult other than the coach or the athletics 18
184	173		personnel member is also present. 19
185	174		(f) This section shall not be construed to prohibit a facility from: 20
186	175		(1) Adopting policies necessary to accommodate: 21
187	176		(A) Persons protected under the Americans with 22
188	177		Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as it existed on January 23
189	178		1, 2025; 24
190	179		(B) Young children in need of assistance; or 25
191	180		(C) Elderly persons requiring aid; 26
192	181		(2) Establishing a single -occupancy restroom, changing room, or 27
193	182		sleeping quarter, or a family restroom, changing room, or sleeping quarter; 28
194		-	~~(3) Redesignating a multi -occupancy restroom, changing room,~~ or 29
195		-	~~sleeping quarter designated for exclusive use by one~~ (1) ~~sex to~~ a ~~designation~~ 30
196		-	for exclusive use by ~~the opposite~~ sex~~; or~~ 31
197		-	~~(4) Assigning a transgender or intersex inmate in a housing or~~ 32
198		-	~~programming assignment on~~ a ~~case -~~by~~-case basis to ensure the health and~~ 33
199		-	~~safety~~ of the ~~inmate under 28 C.F.R. § 115.42, as it existed on January 1,~~ 34
200		-	~~2025.~~ 35
201		-	~~(g) A person~~ in a restroom or changing room ~~designated for use by his~~ 36 ~~As Engrossed: S3/31/25~~ SB486
	183	+	or 29
	184	+	(3) Redesignating a multi -occupancy restroom, changing room, or 30
	185	+	sleeping quarter designated for exclusive use by one (1) sex to a designation 31
	186	+	for exclusive use by the opposite sex. 32
	187	+	(g) A person in a restroom or changing room designated for use by his 33
	188	+	or her sex who encounters a person of the opposite sex has a private cause of 34
	189	+	action for damages and declaratory and injunctive relief against the facility 35
	190	+	in which the restroom or changing room is located if the facility: 36 SB486
202	191
203		-	6 03-31-2025 16:36:03 LGL049
	192	+	6 03/17/2025 4:22:27 PM LGL049
	193	+	(1) Provided the person of the opposite sex permission to use a 1
	194	+	restroom or changing room of the opposite sex; or 2
	195	+	(2) Failed to take reasonable steps to prohibit the person of 3
	196	+	the opposite sex from using the restroom or changing room of the opposite 4
	197	+	sex. 5
	198	+	(h) A person required by the facility to share a sleeping quarter 6
	199	+	designated for use by his or her sex with a person of the opposite sex has a 7
	200	+	private cause of action for damages and declaratory and injunctive relief 8
	201	+	against the facility. 9
	202	+	(i)(1) A civil action brought pursuant to subsection (g) or subsection 10
	203	+	(h) of this section shall be commenced within two (2) years of the date of 11
	204	+	the cause of action. 12
	205	+	(2) A person who prevails in an action brought under subsection 13
	206	+	(g) or subsection (h) of this section may recover reasonable attorney fees 14
	207	+	and costs from the offending facility. 15
	208	+	16
	209	+	SECTION 4. Arkansas Code Title 12, Chapter 41, Subchapter 1, is 17
	210	+	amended to add an additional section to read as follows: 18
	211	+	12-41-111. Safety and Privacy in Local Correctional Facilities — 19
	212	+	Designation of certain rooms based on sex — Definitions. 20
	213	+	(a) As used in this section: 21
	214	+	(1) "Changing room" means the same as defined under § 22 -3-2201; 22
	215	+	(2)(A) "Correctional facility" means a local correctional 23
	216	+	facility that has the power to detain or restrain a person under the laws of 24
	217	+	the state, including without limitation facilities operated by the Division 25
	218	+	of Correction or the Division of Community Correction. 26
	219	+	(B) "Correctional facility" does not include a temporary 27
	220	+	municipal holding facility; 28
	221	+	(3) "Facility" means a correctional facility or a juvenile 29
	222	+	detention facility; 30
	223	+	(4) "Female" means the same as defined under § 22 -3-2201; 31
	224	+	(5) "Juvenile detention facility" means any facility for the 32
	225	+	temporary care of juveniles alleged to be delinquent or adjudicated 33
	226	+	delinquent and awaiting disposition who require secure custody in a 34
	227	+	physically restraining facility designed and operated with all entrances and 35
	228	+	exits under the exclusive control of the facility's staff so that the 36 SB486
204	229
	230	+	7 03/17/2025 4:22:27 PM LGL049
	231	+	juvenile may not leave the facility unsupervised or without permission under 1
	232	+	§ 12-41-803; 2
	233	+	(6) "Male" means the same as defined under § 22 -3-2201; 3
	234	+	(7) "Multi-occupancy" means the same as defined under § 22 -3-4
	235	+	2201; 5
	236	+	(8) "Restroom" means the same as defined under § 22 -3-2201; 6
	237	+	(9) "Sex" means the same as defined under § 22 -3-2201; and 7
	238	+	(10) "Sleeping quarter" means the same as defined under § 22 -3-8
	239	+	2201. 9
	240	+	(b) A facility shall designate each multi -occupancy restroom, changing 10
	241	+	room, and sleeping quarter for the exclusive use of females or males. 11
	242	+	(c)(1) Every restroom, changing room, or sleeping quarter in a 12
	243	+	facility that is designated for the exclusive use of females or males shall 13
	244	+	only be used by members of the designated sex. 14
	245	+	(2) A person shall not enter a restroom or changing room that is 15
	246	+	designated for the exclusive use of females or males unless he or she is a 16
	247	+	member of the designated sex. 17
	248	+	(3) A facility shall not require a person to share a sleeping 18
	249	+	quarter with a member of the opposite sex. 19
	250	+	(d) A facility shall take reasonable steps to provide an individual 20
	251	+	with privacy in a designated restroom, changing room, and sleeping quarter 21
	252	+	from use by a member of the opposite sex. 22
	253	+	(e) This section shall not apply to a person who enters a restroom, 23
	254	+	changing room, or sleeping quarter designated for the opposite sex to: 24
	255	+	(1) Perform custodial services or maintenance; 25
	256	+	(2) Render medical assistance; 26
	257	+	(3) Perform duties arising under the course and scope of 27
	258	+	employment as a law enforcement officer, employee, or contractor; 28
	259	+	(4) Seek protection in a designated shelter area during a threat 29
	260	+	of an emergency or a natural disaster; 30
	261	+	(5) Provide aid during a threat of a natural disaster or a 31
	262	+	serious threat to good order or safety; or 32
	263	+	(6) Address, supervise, or treat athletes that the individual is 33
	264	+	overseeing as a coach or an athletics personnel member during a reasonable 34
	265	+	time before an athletic event, during an athletic event, or immediately 35
	266	+	following an athletic event if: 36 SB486
205	267
206		-	or her sex who encounters a person of the opposite sex has a private cause of 1
207		-	action for declaratory and injunctive relief against the facility in which 2
208		-	the restroom or changing room is located if the facility: 3
209		-	(1) Provided the person of the opposite sex permission to use a 4
210		-	restroom or changing room of the opposite sex; or 5
211		-	(2) Failed to take reasonable steps to prohibit the person of 6
212		-	the opposite sex from using the restroom or changing room of the opposite 7
213		-	sex. 8
214		-	(h) A person required by the facility to share a sleeping quarter 9
215		-	designated for use by his or her sex with a person of the opposite sex has a 10
216		-	private cause of action for declaratory and injunctive relief against the 11
217		-	facility. 12
218		-	(i)(1) The Arkansas State Claims Commission shall have jurisdiction 13
219		-	under § 19-10-201 et seq. over all claims made under subsection (g) or 14
220		-	subsection (h) of this section for damages otherwise barred by the doctrine 15
221		-	of sovereign immunity. 16
222		-	(2) A claim made under subdivision (i)(1) of this section shall 17
223		-	be filed within two (2) years of the date the cause of action arises. 18
224		-	(j)(1) A civil action brought under subsection (g) or subsection (h) 19
225		-	of this section shall be commenced within two (2) years of the date the cause 20
226		-	of action arises. 21
227		-	(2)(A) A person who substantially prevails in an action brought 22
228		-	under subsection (g) or subsection (h) of this section may file a claim with 23
229		-	the commission to recover reasonable attorney's fees and other litigation 24
230		-	expenses reasonably incurred under § 19 -10-204. 25
231		-	(B) A claim for reasonable attorney's fees and other 26
232		-	litigation expenses reasonably incurred under subdivision (j)(2)(A) of this 27
233		-	section shall be filed with the commission within sixty (60) days of the 28
234		-	final disposition of the action. 29
235		-	30
236		-	SECTION 4. Arkansas Code Title 12, Chapter 41, Subchapter 1, is 31
237		-	amended to add an additional section to read as follows: 32
238		-	12-41-111. Safety and privacy in local correctional facilities — 33
239		-	Designation of certain rooms based on sex — Definitions. 34
240		-	(a) As used in this section: 35
241		-	(1) "Changing room" means the same as defined under § 22 -3-2201; 36 As Engrossed: S3/31/25 SB486
	268	+	8 03/17/2025 4:22:27 PM LGL049
	269	+	(A) The coach or the athletics personnel member verifies 1
	270	+	that no person is in a state of undress at any time while the coach or the 2
	271	+	athletics personnel member is present; and 3
	272	+	(B) An adult other than the coach or the athletics 4
	273	+	personnel member is also present. 5
	274	+	(f) This section shall not be construed to prohibit a facility from: 6
	275	+	(1) Adopting policies necessary to accommodate: 7
	276	+	(A) Persons protected under the Americans with 8
	277	+	Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as it existed on January 9
	278	+	1, 2025; 10
	279	+	(B) Young children in need of assistance; or 11
	280	+	(C) Elderly persons requiring aid; 12
	281	+	(2) Establishing a single -occupancy restroom, changing room, or 13
	282	+	sleeping quarter, or a family restroom, changing room, or sleeping quarter; 14
	283	+	or 15
	284	+	(3) Redesignating a multi -occupancy restroom, changing room, or 16
	285	+	sleeping quarter designated for exclusive use by one (1) sex to a designation 17
	286	+	for exclusive use by the opposite sex. 18
	287	+	(g) A person in a restroom or changing room designated for use by his 19
	288	+	or her sex who encounters a person of the opposite sex has a private cause of 20
	289	+	action for damages and declaratory and injunctive relief against the facility 21
	290	+	in which the restroom or changing room is located if the facility: 22
	291	+	(1) Provided the person of the opposite sex permission to use a 23
	292	+	restroom or changing room of the opposite sex; or 24
	293	+	(2) Failed to take reasonable steps to prohibit the person of 25
	294	+	the opposite sex from using the restroom or changing room of the opposite 26
	295	+	sex. 27
	296	+	(h) A person required by the facility to share a sleeping quarter 28
	297	+	designated for use by his or her sex with a person of the opposite sex has a 29
	298	+	private cause of action for damages and declaratory and injunctive relief 30
	299	+	against the facility. 31
	300	+	(i)(1) A civil action brought pursuant to subsection (g) or subsection 32
	301	+	(h) of this section shall be commenced within two (2) years of the date of 33
	302	+	the cause of action. 34
	303	+	(2) A person who prevails in a civil action brought under 35
	304	+	subsection (g) or subsection (h) of this section may recover reasonable 36 SB486
242	305
243		-	7 03-31-2025 16:36:03 LGL049
	306	+	9 03/17/2025 4:22:27 PM LGL049
	307	+	attorney fees and costs from the offending facility. 1
	308	+	2
	309	+	SECTION 5. Arkansas Code Title 22, Chapter 3, is amended to add an 3
	310	+	additional subchapter to read as follows: 4
	311	+	Subchapter 22 — Safety and Privacy in Public Buildings 5
	312	+	6
	313	+	22-3-2201. Definitions. 7
	314	+	As used in this subchapter: 8
	315	+	(1) "Changing room" means a room or area in which a person may 9
	316	+	be in a state of undress in the presence of others, including without 10
	317	+	limitation a locker room or a shower room; 11
	318	+	(2) "Female" means an individual who naturally has, had, will 12
	319	+	have, or would have but for a congenital anomaly or intentional or 13
	320	+	unintentional disruption the reproductive system that at some point produces, 14
	321	+	transports, and utilizes eggs for fertilization; 15
	322	+	(3) "Governmental entity" means every department, division, 16
	323	+	office, board, commission, institution, and political subdivision of this 17
	324	+	state; 18
	325	+	(4) "Male" means an individual who naturally has, had, will 19
	326	+	have, or would have but for a congenital anomaly or intentional or 20
	327	+	unintentional disruption the reproductive system that at some point produces, 21
	328	+	transports, and utilizes sperm for fertilization; 22
	329	+	(5) "Multi-occupancy" means a space designed for use by multiple 23
	330	+	persons simultaneously; 24
	331	+	(6) "Public building" means a building or related facility 25
	332	+	occupied by a governmental entity; 26
	333	+	(7) "Restroom" means a room that includes one or more toilets or 27
	334	+	urinals; 28
	335	+	(8) "Sex" means an individual's biological sex, either male or 29
	336	+	female; and 30
	337	+	(9) "Sleeping quarter" means a room with a bed in which more 31
	338	+	than one (1) individual is housed overnight. 32
	339	+	33
	340	+	22-3-2202. Safety and Privacy in Public Buildings — Designation of 34
	341	+	certain rooms based on sex. 35
	342	+	(a) A governmental entity occupying a public building shall designate 36 SB486
244	343
	344	+	10 03/17/2025 4:22:27 PM LGL049
	345	+	each multi-occupancy restroom, changing room, and sleeping quarter for the 1
	346	+	exclusive use of females or males. 2
	347	+	(b)(1) Every restroom, changing room, or sleeping quarter in a public 3
	348	+	building that is designated for the exclusive use of females or males shall 4
	349	+	only be used by a member of the designated sex. 5
	350	+	(2) A person shall not enter a restroom or changing room that is 6
	351	+	designated for the exclusive use of females or males unless he or she is a 7
	352	+	member of the designated sex. 8
	353	+	(3) A governmental entity occupying a public building shall not 9
	354	+	require a person to share a sleeping quarter with a member of the opposite 10
	355	+	sex. 11
	356	+	(c) A governmental entity occupying a public building shall take 12
	357	+	reasonable steps to provide an individual with privacy in a designated 13
	358	+	restroom, changing room, and sleeping quarter from members of the opposite 14
	359	+	sex. 15
	360	+	(d) This section shall not apply to a person who enters a restroom, 16
	361	+	changing room, or sleeping quarter designated for the opposite sex to: 17
	362	+	(1) Perform custodial services or maintenance; 18
	363	+	(2) Render medical assistance; 19
	364	+	(3) Perform duties arising under the course and scope of 20
	365	+	employment as a law enforcement officer, employee, or contractor; 21
	366	+	(4) Seek protection in a designated shelter area during a threat 22
	367	+	of an emergency or a natural disaster; 23
	368	+	(5) Provide aid during a threat of a natural disaster or a 24
	369	+	serious threat to good order or safety; or 25
	370	+	(6) Address, supervise, or treat athletes that the individual is 26
	371	+	overseeing as a coach or an athletics personnel member during a reasonable 27
	372	+	time before an athletic event, during an athletic event, or immediately 28
	373	+	following an athletic event if: 29
	374	+	(A) The coach or the athletics personnel member verifies 30
	375	+	that no person is in a state of undress at any time while the coach or the 31
	376	+	athletics personnel member is present; and 32
	377	+	(B) An adult other than the coach or the athletics 33
	378	+	personnel member is also present. 34
	379	+	(e) This section shall not be construed to prohibit a governmental 35
	380	+	entity occupying a public building from: 36 SB486
245	381
246		-	(2)(A) "Correctional facility" means a local correctional 1
247		-	facility that has the power to detain or restrain a person under the laws of 2
248		-	the state, including without limitation facilities operated by the Division 3
249		-	of Correction or the Division of Community Correction. 4
250		-	(B) "Correctional facility" does not include a temporary 5
251		-	municipal holding facility; 6
252		-	(3) "Facility" means a correctional facility or a juvenile 7
253		-	detention facility; 8
254		-	(4) "Female" means the same as defined under § 22 -3-2201; 9
255		-	(5) "Juvenile detention facility" means any facility for the 10
256		-	temporary care of juveniles alleged to be delinquent or adjudicated 11
257		-	delinquent and awaiting disposition who require secure custody in a 12
258		-	physically restraining facility designed and operated with all entrances and 13
259		-	exits under the exclusive control of the facility's staff so that the 14
260		-	juvenile may not leave the facility unsupervised or without permission under 15
261		-	§ 12-41-803; 16
262		-	(6) "Male" means the same as defined under § 22 -3-2201; 17
263		-	(7) "Multi-occupancy" means the same as defined under § 22 -3-18
264		-	2201; 19
265		-	(8) "Restroom" means the same as defined under § 22 -3-2201; 20
266		-	(9) "Sex" means the same as defined under § 22 -3-2201; and 21
267		-	(10) "Sleeping quarter" means the same as defined under § 22 -3-22
268		-	2201. 23
269		-	(b) A facility shall designate each multi -occupancy restroom, changing 24
270		-	room, and sleeping quarter for the exclusive use of females or males. 25
271		-	(c)(1) Every restroom, changing room, or sleeping quarter in a 26
272		-	facility that is designated for the exclusive use of females or males shall 27
273		-	only be used by members of the designated sex. 28
274		-	(2) A person shall not enter a restroom or changing room that is 29
275		-	designated for the exclusive use of females or males unless he or she is a 30
276		-	member of the designated sex. 31
277		-	(3) A facility shall not require a person to share a sleeping 32
278		-	quarter with a member of the opposite sex. 33
279		-	(d) A facility shall take reasonable steps to provide an individual 34
280		-	with privacy in a designated restroom, changing room, and sleeping quarter 35
281		-	from use by a member of the opposite sex. 36 As Engrossed: S3/31/25 SB486
	382	+	11 03/17/2025 4:22:27 PM LGL049
	383	+	(1) Adopting policies necessary to accommodate: 1
	384	+	(A) Persons protected under the Americans with 2
	385	+	Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as it existed on January 3
	386	+	1, 2025; 4
	387	+	(B) Young children in need of assistance; or 5
	388	+	(C) Elderly persons requiring aid; 6
	389	+	(2) Establishing a single-occupancy restroom, a changing room, 7
	390	+	or sleeping quarter, or a family restroom, changing room, or sleeping 8
	391	+	quarter; or 9
	392	+	(3) Redesignating a multi -occupancy restroom, changing room, or 10
	393	+	sleeping quarter designated for exclusive use by one (1) sex to a designation 11
	394	+	for exclusive use by the opposite sex. 12
	395	+	13
	396	+	22-3-2203. Remedies. 14
	397	+	(a) A person in a restroom or changing room designated for use by his 15
	398	+	or her sex who encounters a person of the opposite sex has a private cause of 16
	399	+	action for damages and declaratory and injunctive relief against the 17
	400	+	governmental entity occupying a public building in which the restroom or 18
	401	+	changing room is located if the governmental entity: 19
	402	+	(1) Provided the person of the opposite sex permission to use a 20
	403	+	restroom or changing room of the opposite sex; or 21
	404	+	(2) Failed to take reasonable steps to prohibit the person of 22
	405	+	the opposite sex from using the restroom or changing room of the opposite 23
	406	+	sex. 24
	407	+	(b) A person required by the governmental entity occupying a public 25
	408	+	building to share a sleeping quarter designated for use by his or her sex 26
	409	+	with a person of the opposite sex has a private cause of action for damages 27
	410	+	and declaratory and injunctive relief against the governmental entity 28
	411	+	occupying a public building. 29
	412	+	(c)(1) A civil action brought pursuant to subsection (a) or subsection 30
	413	+	(b) of this section shall be commenced within two (2) years of the date of 31
	414	+	the cause of action. 32
	415	+	(2) A person who prevails in a civil action brought under 33
	416	+	subsection (a) or subsection (b) of this section may recover reasonable 34
	417	+	attorney fees and costs from the offending governmental entity. 35
	418	+	36 SB486
282	419
283		-	8 03-31-2025 16:36:03 LGL049
284		-
285		-
286		-	(e) This section shall not apply to a person who enters a restroom, 1
287		-	changing room, or sleeping quarter designated for the opposite sex to: 2
288		-	(1) Perform custodial services or maintenance; 3
289		-	(2) Render medical assistance; 4
290		-	(3) Perform duties arising under the course and scope of 5
291		-	employment as a law enforcement officer, employee, or contractor; 6
292		-	(4) Seek protection in a designated shelter area during a threat 7
293		-	of an emergency or a natural disaster; 8
294		-	(5) Provide aid during a threat of a natural disaster or a 9
295		-	serious threat to good order or safety; or 10
296		-	(6) Address, supervise, or treat athletes that the individual is 11
297		-	overseeing as a coach or an athletics personnel member during a reasonable 12
298		-	time before an athletic event, during an athletic event, or immediately 13
299		-	following an athletic event if: 14
300		-	(A) The coach or the athletics personnel member verifies 15
301		-	that no person is in a state of undress at any time while the coach or the 16
302		-	athletics personnel member is present; and 17
303		-	(B) An adult other than the coach or the athletics 18
304		-	personnel member is also present. 19
305		-	(f) This section shall not be construed to prohibit a facility from: 20
306		-	(1) Adopting policies necessary to accommodate: 21
307		-	(A) Persons protected under the Americans with 22
308		-	Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as it existed on January 23
309		-	1, 2025; 24
310		-	(B) Young children in need of assistance; or 25
311		-	(C) Elderly persons requiring aid; 26
312		-	(2) Establishing a single -occupancy restroom, changing room, or 27
313		-	sleeping quarter, or a family restroom, changing room, or sleeping quarter; 28
314		-	(3) Redesignating a multi -occupancy restroom, changing room, or 29
315		-	sleeping quarter designated for exclusive use by one (1) sex to a designation 30
316		-	for exclusive use by the opposite sex; or 31
317		-	(4) Assigning a transgender or intersex inmate in a housing or 32
318		-	programming assignment on a case -by-case basis to ensure the health and 33
319		-	safety of the inmate under 28 C.F.R. § 115.42, as it existed on January 1, 34
320		-	2025. 35
321		-	(g) A person in a restroom or changing room designated for use by his 36 As Engrossed: S3/31/25 SB486
322		-
323		-	9 03-31-2025 16:36:03 LGL049
324		-
325		-
326		-	or her sex who encounters a person of the opposite sex has a private cause of 1
327		-	action for damages and declaratory and injunctive relief against the facility 2
328		-	in which the restroom or changing room is located if the facility: 3
329		-	(1) Provided the person of the opposite sex permission to use a 4
330		-	restroom or changing room of the opposite sex; or 5
331		-	(2) Failed to take reasonable steps to prohibit the person of 6
332		-	the opposite sex from using the restroom or changing room of the opposite 7
333		-	sex. 8
334		-	(h) A person required by the facility to share a sleeping quarter 9
335		-	designated for use by his or her sex with a person of the opposite sex has a 10
336		-	private cause of action for damages and declaratory and injunctive relief 11
337		-	against the facility. 12
338		-	(i)(1) A civil action brought pursuant to subsection (g) or subsection 13
339		-	(h) of this section shall be commenced within two (2) years of the date the 14
340		-	cause of action arises. 15
341		-	(2) A person who prevails in a civil action brought under 16
342		-	subsection (g) or subsection (h) of this section may recover reasonable 17
343		-	attorney fees and costs from the offending facility. 18
344		-	19
345		-	SECTION 5. Arkansas Code Title 22, Chapter 3, is amended to add an 20
346		-	additional subchapter to read as follows: 21
347		-	Subchapter 22 — Safety and Privacy in Public Buildings 22
348		-	23
349		-	22-3-2201. Definitions. 24
350		-	As used in this subchapter: 25
351		-	(1) "Changing room" means a room or area in which a person may 26
352		-	be in a state of undress in the presence of others, including without 27
353		-	limitation a locker room or a shower room; 28
354		-	(2) "Female" means an individual who naturally has, had, will 29
355		-	have, or would have but for a congenital anomaly or intentional or 30
356		-	unintentional disruption the reproductive system that at some point produces, 31
357		-	transports, and utilizes eggs for fertilization; 32
358		-	(3) "Governmental entity" means every department, division, 33
359		-	office, board, commission, institution, and political subdivision of this 34
360		-	state; 35
361		-	(4) "Male" means an individual who naturally has, had, will 36 As Engrossed: S3/31/25 SB486
362		-
363		-	10 03-31-2025 16:36:03 LGL049
364		-
365		-
366		-	have, or would have but for a congenital anomaly or intentional or 1
367		-	unintentional disruption the reproductive system that at some point produces, 2
368		-	transports, and utilizes sperm for fertilization; 3
369		-	(5) "Multi-occupancy" means a space designed for use by multiple 4
370		-	persons simultaneously; 5
371		-	(6) "Public building" means a building or related facility 6
372		-	occupied by a governmental entity; 7
373		-	(7) "Restroom" means a room that includes one or more toilets or 8
374		-	urinals; 9
375		-	(8) "Sex" means an individual's biological sex, either male or 10
376		-	female; and 11
377		-	(9) "Sleeping quarter" means a room with a bed in which more 12
378		-	than one (1) individual is housed overnight. 13
379		-	14
380		-	22-3-2202. Safety and Privacy in Public Buildings — Designation of 15
381		-	certain rooms based on sex. 16
382		-	(a) A governmental entity occupying a public building shall designate 17
383		-	each multi-occupancy restroom, changing room, and sleeping quarter for the 18
384		-	exclusive use of females or males. 19
385		-	(b)(1) Every restroom, changing room, or sleeping quarter in a public 20
386		-	building that is designated for the exclusive use of females or males shall 21
387		-	only be used by a member of the designated sex. 22
388		-	(2) A person shall not enter a restroom or changing room that is 23
389		-	designated for the exclusive use of females or males unless he or she is a 24
390		-	member of the designated sex. 25
391		-	(3) A governmental entity occupying a public building shall not 26
392		-	require a person to share a sleeping quarter with a member of the opposite 27
393		-	sex. 28
394		-	(c) A governmental entity occupying a public building shall take 29
395		-	reasonable steps to provide an individual with privacy in a designated 30
396		-	restroom, changing room, and sleeping quarter from members of the opposite 31
397		-	sex. 32
398		-	(d) This section shall not apply to a person who enters a restroom, 33
399		-	changing room, or sleeping quarter designated for the opposite sex to: 34
400		-	(1) Perform custodial services or maintenance; 35
401		-	(2) Render medical assistance; 36 As Engrossed: S3/31/25 SB486
402		-
403		-	11 03-31-2025 16:36:03 LGL049
404		-
405		-
406		-	(3) Perform duties arising under the course and scope of 1
407		-	employment as a law enforcement officer, employee, or contractor; 2
408		-	(4) Seek protection in a designated shelter area during a threat 3
409		-	of an emergency or a natural disaster; 4
410		-	(5) Provide aid during a threat of a natural disaster or a 5
411		-	serious threat to good order or safety; or 6
412		-	(6) Address, supervise, or treat athletes that the individual is 7
413		-	overseeing as a coach or an athletics personnel member during a reasonable 8
414		-	time before an athletic event, during an athletic event, or immediately 9
415		-	following an athletic event if: 10
416		-	(A) The coach or the athletics personnel member verifies 11
417		-	that no person is in a state of undress at any time while the coach or the 12
418		-	athletics personnel member is present; and 13
419		-	(B) An adult other than the coach or the athletics 14
420		-	personnel member is also present. 15
421		-	(e) This section shall not be construed to prohibit a governmental 16
422		-	entity occupying a public building from: 17
423		-	(1) Adopting policies necessary to accommodate: 18
424		-	(A) Persons protected under the Americans with 19
425		-	Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., as it existed on January 20
426		-	1, 2025; 21
427		-	(B) Young children in need of assistance; or 22
428		-	(C) Elderly persons requiring aid; 23
429		-	(2) Establishing a single -occupancy restroom, a changing room, 24
430		-	or sleeping quarter, or a family restroom, changing room, or sleeping 25
431		-	quarter; or 26
432		-	(3) Redesignating a multi -occupancy restroom, changing room, or 27
433		-	sleeping quarter designated for exclusive use by one (1) sex to a designation 28
434		-	for exclusive use by the opposite sex. 29
435		-	30
436		-	22-3-2203. Remedies. 31
437		-	(a) A person in a restroom or changing room designated for use by his 32
438		-	or her sex who encounters a person of the opposite sex has a private cause of 33
439		-	action for damages, if the governmental entity is a political subdivision of 34
440		-	the state and declaratory and injunctive relief against the governmental 35
441		-	entity occupying a public building in which the restroom or changing room is 36 As Engrossed: S3/31/25 SB486
442		-
443		-	12 03-31-2025 16:36:03 LGL049
444		-
445		-
446		-	located if the governmental entity: 1
447		-	(1) Provided the person of the opposite sex permission to use a 2
448		-	restroom or changing room of the opposite sex; or 3
449		-	(2) Failed to take reasonable steps to prohibit the person of 4
450		-	the opposite sex from using the restroom or changing room of the opposite 5
451		-	sex. 6
452		-	(b) A person required by the governmental entity occupying a public 7
453		-	building to share a sleeping quarter designated for use by his or her sex 8
454		-	with a person of the opposite sex has a private cause of action for damages, 9
455		-	if the governmental entity is a political subdivision of the state and 10
456		-	declaratory and injunctive relief against the governmental entity occupying a 11
457		-	public building. 12
458		-	(c)(1) The Arkansas State Claims Commission shall have jurisdiction 13
459		-	under § 19-10-201 et seq. over all claims made under subsection (a) or 14
460		-	subsection (b) of this section for damages otherwise barred by the doctrine 15
461		-	of sovereign immunity. 16
462		-	(2) A claim made under subdivision (c)(1) of this section shall 17
463		-	be filed within two (2) years of the date the cause of action arises. 18
464		-	(d)(1) A civil action brought under subsection (a) or subsection (b) 19
465		-	of this section shall be commenced within two (2) years of the date the cause 20
466		-	of action arises. 21
467		-	(2)(A) A person who substantially prevails in an action brought 22
468		-	under subsection (a) or subsection (b) of this section may file a claim with 23
469		-	the commission to recover reasonable attorney's fees and other litigation 24
470		-	expenses reasonably incurred under § 19 -10-204. 25
471		-	(B) A claim for reasonable attorney's fees and other 26
472		-	litigation expenses reasonably incurred under subdivision (d)(2)(A) of this 27
473		-	section shall be filed with the commission within sixty (60) days of the 28
474		-	final disposition of the action. 29
475		-	30
476		-	SECTION 6. DO NOT CODIFY. SEVERABILITY. If any provision of this act 31
477		-	or the application of this act to any person or circumstance is held invalid, 32
478		-	the invalidity shall not affect other provisions or applications of this act 33
479		-	which can be given effect without the invalid provision or application, and 34
480		-	to this end, the provisions of this act are declared severable. 35
481		-	36 As Engrossed: S3/31/25 SB486
482		-
483		-	13 03-31-2025 16:36:03 LGL049
484		-
485		-
486		-	/s/B. Johnson 1
487		-	2
488		-	3
489		-	APPROVED: 4/21/25 4
490		-	5
	420	+	12 03/17/2025 4:22:27 PM LGL049
	421	+	SECTION 6. DO NOT CODIFY. SEVERABILITY. If any provision of this act 1
	422	+	or the application of this act to any person or circumstance is held invalid, 2
	423	+	the invalidity shall not affect other provisions or applications of this act 3
	424	+	which can be given effect without the invalid provision or application, and 4
	425	+	to this end, the provisions of this act are declared severable. 5
491	426		6
492	427		7
493	428		8
494	429		9
495	430		10
496	431		11
497	432		12
498	433		13
499	434		14
500	435		15
501	436		16
502	437		17
503	438		18
504	439		19
505	440		20
506	441		21
507	442		22
508	443		23
509	444		24
510	445		25
511	446		26
512	447		27
513	448		28
514	449		29
515	450		30
516	451		31
517	452		32
518	453		33
519	454		34
520	455		35
	456	+	36